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Resolution-PC 2009-071RESOLUTION NO. PC2009-071 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS l, CATEGORICAL EXEMPTION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3703 (TRACKING NO. CUP 2009-05432) AND AMENDING A CERTAIN CONDITION OF APPROVAL OF RESOLU3'ION NO. PC94119 (2620 EAST KATELLA AVENUE) WHEREAS, on September 7, 1994, the Anaheim City Planning Commission, by ies Resolution No. PC94-119, did approve Conditional Use PermiC No. 3703 to construct a 30,500 square foot commercial center with fewer parking spaces than required by code to allow the 218 required parking spaces to be provided by 68 spaces on this property and 150 spaces on an adjacent property; and WI-IEREAS, on May 13, 1996, the Anaheim City Planning Commission, by its Resolution No. PC96-44, approved an amendment to Conditional Use Permit No. 3703 to permit on-premises sales of alcoholic beverages, in the restaurant/microbrewery and final plans reducing the size of the restaurant/microbrewery to 10,684 square Yeet; and WHEREAS, on August 17, 1998, tY~e Anaheim City Planning Comntission, by iCs Resolution No. 98-131, approved an amendment to the permit to allow a 2;018 square foot expansion of the existing 10,684 square foot restaurandmicrobrewery and amended the conditions of approval to allow retail sales of beer (l/2 keg minimum size) manufacCured on site for off-premises consumption with ! 99 parking spaces required and 218 spaces provided by 68 spaces on this property and 150 spaces on a~ adjacent property; and WHEREAS, on July 28, 2003, the AnaUeim City Planning Commission, by its Resolution No. 2003-ll6, approved an amendment to delete Condition No. 2 pertaining to the retail sale of ~/z keg or larger containers of beer which was manufactured on the premises for off- premises consumption, to permit the retail sale of bottled beer manufactored on the premises for off- premises consumption; and WHEREAS, the property is developed with a 30,500 square foot commercial shopping ce~ter is located in tbe Industrial (I) Zone and is designated for Mixed Use land uses in the City of Anaheim General Plan; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition amend Conditional Use Permit No. 3703 (Tracking No. CUP2009-05432) to permit the on-premises sales and consumption of beer and wine within an existing coffee house and sandwich shop and outdoor dining area (unit B of the commercial center) on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached herato a~d incorporated herein by this reference; and - 1 - PC2009-071 WHEREAS, Condition of Approval No. 7(c) of Resolution No. PC94-ll9, as amended, limits the number of customer seats for the coffee house and sandwich shop as follows: "Food related sales and preparation and distribution limiCed Co facilities with up to ten (lp) cusCOmer seats."; and WHEREA3, the applicant proposes to permit the sales of beer and wine and increase the number of customer seats within an existing coffeehouse/sandwich shop with no new square footage proposed; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 3, 2009, at 2:30 p.m., notice of said pablic hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipai Code, Chapter 18.60 `'Procedures", to hear and consider evidence for and against said proposed ameodmeot to the Conditiona] Use Permit and to invesCigaYe and make findings and recommendations in connection therewith; and WHEREAS, said Commiss9on, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered aC said hearing, does find and determine the following facts: 1. That the proposed amendment to Conditional Use Permit No. 3703 for on- premises sales and consumption of beer and wine within an existing restaurant and outdoor dining azea in the Industrial (I) Zone is propedy one for which a conditionai use permit is authorized by Anaheim Municipal Code Section 1810:030.010 (Uses) and 1838.220 (Supplemental Use Regulations) of the Zoning Code. 2. The proposed amendment to permit the on-premises sale and consumption of beer and wine wittain an existing restaurant and outdoor dining area wovld not adversely affeck the surrounding land uses and the growth and development of the area in which it is proposed to be located because the property is currently developed with a commercial shopping center in compliance with Code requirements, 3. Tt~e size and shape of the site is adeqaate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the bealth, safety and general welfare of the public because the property is currently improved with a commercial cenTer wiCh no proposed expansion The proposal increases the existing parking requirement from 199 to 202 parking spaces and 218 spaces are provided including 68 spaces on this property and 150 spaces on an adjacent property through an on-going lease agreement. Therefore, the parking sopply will exceed code requirements. 4. The traffic generated by the amendment to the conditional use permit to permit the on-premises sale and consumption of beer and wi~e within an existing restaurant and outdoor dining area would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles enCering and exiting the site are consisteot with existing and permiCted businesses within the commercial center. - 2 - PC2009-071 5. The granting of the amendment to the conditional use permit under the conditions imposed will not be detrimental to the health and safety of ttie citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. THEREFORE BE TT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve an amendment to Conditional Use Penmit No. 3703 (Tracking No. CUP 2009-05432) subject to the conditions of approval which are amended in Cheir entirety as described in Exhibit "B" attached bereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subjecC property in order to praserve tbe health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time Co complete conditions of approva] may be gra~ated in accordance witta Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with condiTions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent Ciming is esCablished thaY saYisfies the original iotant and purpose of Che conditio~(s), (ii) Che modificaCio~ complies with Cl~e Anaheim ~Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE TT FURTHER RESOLVED, Chat Chis permit is approved without limitations on the duration of the use. Amendme~ts, modifications and revocaYions of ttiis permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocatioo or Modification of Permits) of the Anaheim Monicipal Code. BE IT FURTHER RESOLVED that approval of this applicatioo constitutes approval of the proposed request only to the extenY Yhat iC complies with the Anaheim Manicipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not inclade any action or findings as to compliance or approval of the request regarding any other applicable ordinaoce, regolation or requirement BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges related to the processing of this discretio~ary case application wiChin 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of Aug~sC 3, 2009. Said resolution is subjeck to the appeal provisions set fartfi in Chapter 18.60 "ZonSng Provisions - General" of tbe A~aheim Municipal Code pertaining to appeal procednres and may be replaced by a CiYy Council Resol~tion in the event of an appeal. ANAHEIM CITY PLANNING COMMISSION - 3 - PC2009-071 ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby aeRify that the foregoing resolution was passed and adopted at a meeting of Yhe Anaheim City Planning Commission beld on Augast 3, 2009, by the following vote of the members thereof: AYES: COMMISSIONEt2S: AGARWAL, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AMENT IN WITNESS WHEREOF, I have herenoto set my hand this 3`d day of August, 2009. ARY, ANAHEIM CITY ~LANNING COMMISSION - 4 - PC2009-071 EYHIBIT "A" AMENDNIENT TO CONDITIONAL USE PERIVIIT NO. 3703 (TRACHING NO. CUP2009-OSa32) - 5 - PC2009-071 EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 3703 (TRACKING NO. CUP2009-05432) RESPONSIBLE FOR NO. CONDITIONS O~ APPROVAL MONITORING GENERAL 1 The minimum number of parking spaces required by Code shall Planning be available for subject proposal. If any off-site parking spaces Services aze provided on the adjacent Orange County owned property to satisfy the Code requirement, a parking agreement between the subject property owner and the County of Orange shall be subrzutted to and approved by the City Attomey's Office and snbmitted to the Planning Services Aivision following ' recordation with the Office of the Orange County Recordec This conditional use permit shall be valid only if Code required parking is available. Follawing ncloptioiz of Resolutiwa No. PC 94-119, the properry ~ ~ orvrter/tleueloper eiaterecl irato a lense agreement beriveen the ~~ Couiary of Orn~ige, Cit~~ of Ariahei~n arzcl Ogdera Facility Marcngemerzt Corporcttiorz in cornplinnce with this condition of cippronal. 2 The restauranY/microbrewery shall continuously adhere to the Police following conditions, as required by the Police Department. a. Food service, including meals, shall be available until 11:00 p.m. or closing time, whichever occurs first, on every day of operation. b. The alcoholic beverage license shall not be exchanged for a public premises type license nor shall the premises be operated as a public premises. c. The retail sales of alcoholic beverages for public consumption off the premises shall be limited to twenty two (22) ounce bottles af beer or lar~er. Individnal boCtles sold For off-premises consumption shall be stored and sold at room temperature (62 degrees Fahrenheit) and all beer sold for off-premises consumption shall be manufactured on the premises. d. The gross sales of alcoholic beverages shall not exceed forty (40) percent of the total gross sales of all retail sales during any tbree (3) month period. The applicanY shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for - 6 - PC2009-071 inspection by any CiYy of Anaheim official when requested. e. Entertainment provided on the premises shall not be audible beyond the area under the control of the business. £ Extedor doors shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. g. There shall be no more than two (2) exterior advertising devices of any kind or rype (sacb as signs), including advertising directed to the exterior from inside the building, pzomoCing or indicating tbe availabiliry of alcoholic beverages. h. There shall be no live entertainment, amplified music or dancing permitted on the premises at any time wiChouC first obtaining all proper permits as required by the Anaheim Municipal Code. i. 'Tbe parking lot of the premises shall be equipped with lighting pf a minimum 1-foot candle to illumioate and make easily discernibie the appearance and conduct of all persons on or about the parking loC. The lighting in the area shall be shielded to prevent unreasonable ill~mination of the window areas of nearby businesses. j. The number of persons atYending any event at subject property shall not exceed the ma~cimum occupancy load as dekermined by the Anaheim Fire Department. Signs indicaTing the maximum occupancy sha11 be prominently displayed within the preinises. k. No alcoholic beverages shall be consumed on any property adjacent to the premises under the control of the applicant. 1. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a,m. and 2:00 a.m. m. At any time entertainment is provided on the premises, the applicant(s) shall provide a ma~cimum of three (3) uniformed security guards (who shall comply with all requirements of the Califomia Department of Consumer Affairs and the Anaheirn Municipal Code) to maintain order therein as directed by the Anaheim Police Department. n. There shall be no pool tables or coin-operated games maintained upon the premises at any time. o. Subject business shall not employ or permit any persons to solicit or encourage others d'uectly, or indirecdy, to buy them drinks in the licenses precnises uqder any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. - 7 - PC2009-071 3 Solid waste storage and collection, and recycling shall be in Public Works, Streets ! compliance with plans approved by the Pablic Works, Streets and and Sanitation Division. SaniTation/Operations 4 Any freesCanding si~n on subject property shall be a Planning monument-type not exceeding eight (8) feet in height and shall be s~bject to tl~e prior review and approval of Che City Traff'ic and Traffic Manager Co determine adequate line-of- ' sight. 5 In addition to the restaurandmicrobrewery, there shall be a Code Enforcement maximum of eight (8) retail units permitted. 6 Subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the CiYy of Anaheim by the applicant and which plans are on file with the Plauning Department marked as Revision ~Io. 1 of Exi~ibit Nos. 1 and 3: Exhibit Nos. 2, 4 and 5; and ExbibiCS A throngh E(restaurarit) and Exhibit No. 6(Coffeehouse Floor Plan). 7 The following accessory uses may be permitted for subject Code Enforcement planned unit commercial shopping center: a. Cellnlar service and/or distribution b. Bakery, sales and/or preparaCion and disCriUution limited to facilities with up to ten (10) customer seaCs a Food related sales and preparation and distribution limited to facilities with up to ten (10) customer seats> ~' except that the coffee house and sandwich shop in Unit B may have over ten (10) seats. d. Clothing and apparel sales and distribution aud/or assembly e. Confectionery and/or candy sTOre f. Photo store g. Photography studio h. Coin shop i. Sporting goods store or related type j. Sports related paraphernalia or collectibles sales and assembly and/or distribution k. Ticket agency 1. Travel m. Hobby shop n. Jewelry sales, dastribution and/or assembly o. Interior design or related use (tile, bath accessor9es, etc.) p. Retail supply stores including, but not limited, to vehicle accessories and parts, books, hardware, pet shop, koys - 8 - PC2009-071 q. Rental services r. Athletic shore sales and distribution s. Recreational-type store (exercise eqaipment, etc.) t. Aquatic related sales, services and/or distribution u. General office use 8 GranCing of the parking variance is contingent upon operation Plann9ng of the use in conformance with the assumptions relating to the ' operation and intensity of use as contained in the parking demand study that formed the basis for approval of said variance. 9 The restaurandmicrobrewery shall be operated as a"Bona ' Police Fide Public Eati~g Place° as defined by Section 23038 of the Califomia Business and Professions Code. 10 There shall be no baz or lounge maintained on the property Police unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim. 11 The activitles occuning in conjunction with the operation of Code Enforcement this restaurant/microbrewery shall not cause noise disturbance to surrounding properties. 12 All doors serving subject restaurantlmicrobrewery shall Fire conform to the requireme~ts of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, deliveries and iu cases of emergency. 13 There shall be no coin-operated telephones on the property Code Enforcement located outside the building and within the control of the proper[y owner/applicant. 14 The portion of this permit regarding the on-premises sale of Police alcohol for this restauranUmicrobrewery shall be contingent upon issuance of a valid license by the California Department of Alcoholic Bevarage ContrQl. 15 Any outdoor dining area s6a11 be completely enclosed by Police / Fire fencing or other such permanent structure as approved by the City. Said enclosure shall be a minimum forty (40) inches in ' height and entry into the enclosure shall be possible only from the interior of the business. Emerge~cy exists required by the Uniform Fire Code shall be maintained, but not utilized by patrons/employees other than in an emergency. Said enclosure shall shown on plans submitted for building permits. - 9 - PC2009-071 ] 6 The coffee shop/sandwich shop in Unit B shall continuously Code Enforcement adhere to the following conditions. a. At all times when the premise is open for business, the prernise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. b. The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of all retail sales during any thxee (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. c. The sale of alcoholic beverages for consumption off the premise shall be prohibited. d. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoti~g or indicating the availability of alcoholic beverages. e. The activities occurring in conjunctian wirli the operation of this establishment shall not cause noise disturbance to surrounding pzoperties. f. The sales of beer and wine shall be limited to 12:00 a.m. each day of the week g. That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. h. There shall be no admission fee, cover charge, nor minimum purchase required. i. That the parking lot serving the premises shall be equipped with lighting of a minim~m l~foot candle to illuminate and make easily discernible the appearance and conduct of all persons pu or about the parking ]oC. Said IighCing shall be d'areeCed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby businesses j. No "happy hour" type of reduced price alcoholic beverage promotian shall be aUowed. -10 - PC2009-071